Luke

This is an action by a subcontractor against the surety of a building contractor on a private work for the value of certain materials and labor furnished and performed upon the building. The demurrer to the amended complaint was sustained without leave to amend and judgment of dismissal followed. The legal difficulties of the case arise out of the fact that the contractor’s bond for the benefit of materialmen and laborers is on the form of bond ordinarily used by surety companies on public works and contains the following provision: “ . . . provided that any and all claims hereunder shall be filed and proceedings had in connection herewith as required by the provisions of the Act of Legislature of the State of California designated as chapter- 303 of the statutes of 1919, approved May 10th, 1919, and any amendments thereof.” The act referred to is the Public Works Act of 1919, and requires the filing of a verified statement of the claim with the board of trustees, supervisors (etc.), or other board by which such contract was awarded, “at any time prior to the expiration of the period within which claims of lien must be filed for record, as prescribed by the provisions of section…